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CC MINS 19950321M I N U T E S REGULAR MEETING RANCHO PALOS VERDES CITY COUNCIL MARCH 21, 1995 1W The meeting was called to the Hesse Park Community immediately recessed to a session agenda checklist. by the Mayor and followin roll call was answered as order at 6:30 P.M. by Mayor Lee Byrd at Center, 29301 Hawthorne Boulevard, and closed personnel session per the closed The meeting was reconvened at 7:00 P . M . [g the Pledge of Allegiance to the f lag, follows: PRESENT: LYON, BROOKS, McTAGGART AND MAYOR BYRD ABSENT: NONE Also present were City Manager Paul Bussey, Public Works Director Trent Pulliam, Senior Admin. Analyst Veronica Dolleschel, City Clerk Jo Purcell, Planning Administrator Carolynn Petru, and City Attorney Carol Lynch. CEREMONIAL EVENT (304) Mayor Byrd presented a Student Recognition Award to Kerry Jo Lee in recognition of her outstanding academic achievements and involvement in school activities such as the National Honors Society, Class President, the Drama Club and the Pep Squad Drill Team. APPROVAL OF AGENDA: Councilwoman Brooks moved, seconded by Councilwoman Lyon, to approve the agenda. Motion carried. APPROVAL OF CONSENT CALENDAR: Lois Larue , 3136 Barkent ine Road, spoke to the following: the Water Co. markers painted on the curb outside her home and stated her objection to using telephone number stickers for posting on trash containers as outlined in the material describing the Used Oil Grant program. Councilwoman Brooks moved, seconded by Councilman McTaggart, to approve the Consent Calendar as follows: WAIVER OF READING Adopted a motion to waive reading in full of all ordinances and resolutions adopted at this meeting with consent to the waiver of reading deemed to be given by all councilmembers after the reading of the title. LEGISLATIVE ACTIVITY - SB 11 UNFUNDED MANDATES & CELLULAR TONER ZONING PREEMPTION (306 x 1101) (1) Joined the League of California Cities in supporting SB 11 (Ayala) which proposed to restrict the enactment of unfunded mandates and AB 1522 (Brewer) which proposed to change the voting requirements for the election of City Members to the South Coast Air Quality Management District. (2) Joined the League of California Cities in opposing proposed federal legislation which would exempt cellular towers from local zoning restrictions. RANCHO PALOS VERDES PARR - CONTRACT FOR STAIRWAY ACCESS (1201 x 1204 ) (1) Awarded a contract to Merit Civil Engineering, Inc. For professional services related to the design, contract administration and construction inspection of Rancho Palos Verdes Park stairway access; and, (2) authorized the Mayor and City Clerk to execute an agreement with Merit Civil Engineers, Inc. to provide consultant services at a not to exceed fixed fee of $3,400. USED OIL GRANT FOR PUBLIC INFORMATION PROGRAM (12 0 4 K 13 01) Authorized an expenditure not to exceed $5,000 for preparation and mailing of a postcard with stickers to all residents as part of the used oil grant funded public information campaign urging residents not to dispose of used oil and other hazardous materials in the trash. GIFTS FOR PARKS (12 01) Accepted the gifts for parks donations and directed staff to prepare letters for the Mayor's signature expressing the Council's thanks and appreciation. RESOL. NO. 95 -29 - REGISTER OF DEMANDS Adopted RESOL. NO. 95 -290 The motion to approve the Consent Calendar carried on the following roll call vote: AYES: LYON, BROOKS, McTAGGART AND MAYOR BYRD NOES: NONE ABSENT: NONE # # i0E # # HES88 PARR EBPANSION FOR SENIOR CITIZEN USE (1201) CITY COUNCIL MINUTES MARCH 21, 1995 PAGE 2 City Manager Bussey presented the memorandum of March 21 and the recommendation to provide direction to staff concerning future planning for the expansion of Hesse Park to accommodate office and storage space for the Peninsula Seniors. Additionally, he reviewed the January 21, 1995 Joint Work Session with the R &P Committee wherein the direction to staff was to begin exploring the expansion of Hesse Park to accommodate the needs of the seniors insofar as storage and office space was concerned. Continuing, Mr. Bussey said that in discussing this matter with Mayor Byrd, the Mayor had requested that the item be placed on the agenda for further discussion. Mayor Byrd explained that he is on the Board of Directors of the Peninsula Seniors and that the Board had authorized their Director to write to the Community Association of the Peninsula (CAP) and ask for a reservation of space at the old Post Office on Indian Peak Road. The earliest such space would be available for the seniors would be March 1996. Mayor Byrd expressed concern about spending funds for a study when perhaps there would be another facility available for the seniors within a year. Speaking in support of providing the seniors with a facility were the following speakers: Lois Larue, 3136 Barkentine; Edith Mayerson, 28825 Trailriders Drive, representing the Senior Center Ad Hoc Committee; Bill Ritchie, 28543 Blythwood Drive, representing the Peninsula Seniors; Frank Thrift, 29402 Quailwood Drive, representing the Peninsula Seniors; and, Sheila Hoff, 28205 Ambergate Drive, representing the League of Women Voters. Ms. Mayerson presented a petition with 635 signatures in support of establishing a permanent senior center. Concern was expressed by these speakers that the seniors be given a permanent facility that would meet their needs for storage, conducting meetings and also be equipped with private rooms used for counseling. They questioned whether the post office building could provide all these features. Council stated concern for using Measure "A" money and investing it in a senior center that was not permanent; then there was the problem of funding the staffing and upkeep, neither of which could be paid for with Measure "A" funds. It was felt that the seniors would need to be fiscally self - sustaining before an investment was made by the City. Discussion pointed out that the other Peninsula cities should also participate in this cause inasmuch as the seniors were not only residents of Rancho Palos Verdes. Because an expansion of 3,000 sq. ft,, had been suggested by one of the speakers, the discussion then shifted to the cost of such an expansion and it was agreed that this would not be known until an architect's proposal had been submitted. The point was made, however, that perhaps such an amount of footage would rule out the expansion of Hesse Park but would instead require a separate building, something which was not contemplated during the January CITY COUNCIL MINUTES MARCH 2 It 1995 PAGE 3 21 discussions. The suggestion was then made that an ad hoc committee be formed to assess the needs of the seniors. Mayor Byrd appointed Councilmembers McTaggart and Lyon to serve as such a committee. When necessary, that committee could meet with Recreation & Parks Committee members. Discussion concluded with the agreement that the Hesse Park Expansion Ad Hoc Committee would report on April 4 when they can submit a report on this matter to the Council. POLICY DIRECTION REGARDING CITY TREE PERMITS (1203 x 1806) Planning Administrator Petru presented the staff memorandum of March 21 and the recommendation to review the draft Development Code language regarding City Tree Permits; provide staff with any further policy direction; and, forward to the Planning and View Restoration Commissions for further review as part of the on -going Development Code revision program. Derek and Linda Classen, 34120 Admirable Drive, stated their disagreement with the fee charged to apply for a street tree permit and questioned why the homeowner was burdened with paying the cost of removing or trimming city foliage to get their view restored. They felt that since it was City trees that were blocking their view, the City should assume the costs associated with removing or trimming the foliage. City Manager Bussey explained that there is a early review process whereby if staff determines that City trees are blocking a view, the trees will be trimmed and there will be no fee involved. Only when disagreement occurs is a fee required to continue processing the street tree permit request. Council then clarified the process for identifying City trees and generally how the appeal process worked. Finally, it was the consensus that where "official" City trees are blocking views, the City will take the responsibility of trimming those trees without a fee; in the case of "unofficial" or private trees planted on public property, then it would be the responsibility of the claimant to pay the fees. Additionally, Council requested that the application form and view covenant document describe the process for the benefit of anybody applying for tree removal. FY 95 -96 THROUGH FY 98 -99 TRANSPORTATION IMPROVEMENT PROGRAM CALL FOR PROJECTS (1204 x 1505) Senior Administrative Analyst Dolleschel presented the staff memorandum of March 21 and the recommendation that if Council CITY COUNCIL MINUTES MARCH 21, 1995 PAGE 4 wished to apply for additional funding for local transportation projects, staff then recommended: (1) Authorizing staff to hire the firm of Meyer, Mohaddes Associates, Inc. to prepare the applications to meet the April 3, 1995 submittal deadline; and, (2) Adopt the proposed resolution Resol. No. 95- Amending Resolution No. 94 -47, The budget appropriation for fiscal year 1994 -95 for a budget adjustment to the general fund to provide funding for a .consultant to prepare the MTA application. Director Pulliam requested that the Council consider the addition of the signal synchronization and bus speed improvement project to the list of projects to be submitted for funding. Lois Larue stated her concurrence with the funding for beautification of Palos Verdes Drive South. Responding to Council's inquiry about the bikeway project, the consultant in this matter Abbes Mohaddes , said that the study would focus on-improving the safety of the bikeways and reduce any safety conflicts that may exist. The Bike lane on Palos Verdes Drive East then became the topic of discussion when Director Pulliam reported that it had been withdrawn in its entirety from the project list because it was categorized as a class three bikeway. The City of Lomita planned on improving the bikeway on Narbonne Avenue up to Palos Verdes Drive North; part of Western Avenue will be improved to a Class two bikeway and this may encourage bicyclists to use Western Avenue to Palos Verdes Drive North and not use Palos Verdes Drive East. It was the consensus that consideration be given to signing Palos Verdes Drive East to indicate that it was not an improved bikeway and discourage its use as such. Council then proceed to act on the following projects: (1) Bikeway Signing & Striping - approved. (2) Silver Spur Road Widening /Bus Turnout - approved, with direction to get the cooperation from the City of Rolling Hills Estates and the School District. Motion made by Councilman McTaggart, seconded by Councilwoman Brooks and carried. (3) Regional Commuter Ridesharing Services - Denied application. (4) Palos Verdes Drive South /West Scenic Road Designation /Median Enhancement - approved on motion of Councilwoman Brooks, seconded by Councilman McTaggart and carried. (5) Shuttle Bus Service from the Peninsula Center to the Redondo Beach Transit Center /South Bay Galleria - approved the mayor sending a letter of support for the application of Redondo Beach. (6) Signal Synchronization - approved participation in funding local match portion of project. Councilman McTaggart moved, seconded by Councilwoman Brooks to approve application for these projects based upon the City paying CITY COUNCIL MINUTES MARCH 21, 1995 PAGE 5 20% matching funds and to ADOPT RESOL. NO. 95 -30 AMENDING RESOLUTION NO. 94 -47, THE BUDGET APPROPRIATION FOR FISCAL YEAR 1994 -95 FOR A BUDGET ADJUSTMENT TO THE GENERAL FUND TO PROVIDE FUNDING FOR CONSULTANT TO PREPARE MTA APPLICATIONS. The motion carried on the following roll call vote: AYES: LYON, McTAGGART, BROOKS & MAYOR BYRD NOES: NONE RECESS & RECONVENE: At 8:45 P . M. Mayor Byrd declared a recess; the meeting reconvened at 8:00 P.M. PROCEDURE FOR THE ISSUANCE OF A COASTAL PERMIT DEMOLITION OF MARINELAND SKY TOWER (12 0 3 X 18 0 4) Planning Administrator Petru summarized the staff memorandum of March 21 and procedure for issuance of a coastal permit for the demolition of the sky tower at Long Point by the York Capital Group who submitted an application to the City for Coastal Permit No. 126. Ms. Petru went on to explain that all requests for coastal permits are processed by the City pursuant to Chapter 17.67 of the Municipal code. Continuing, she said that the demolition of the Sky Tower was appealable to the California Coastal Commission. Further, since the demolition permit could be granted at an administrative level, the coastal permit would be subject to review through a public hearing conducted by the City's hearing Officer (Director of Planning, Bldg. & Code Enforcement) . Notice for such a hearing would be issued a minimum of 15 days prior to the hearing and would be mailed to the applicant, all interested parties, all property owners and residents within 100 ft. of the subject property and, the California Coastal Commission. All interested parties would be heard at the public hearing and given the opportunity to appear and express their views. After the hearing, the hearing officer would then make a decision on the Coastal Permit and notice of that decision would be mailed to the aforesaid parties. That decision could be appealed to the Planning Commission but must be received within 15 days of the Hearing Officer's decision. No fee could be charged for such an appeal; similarly the Planning Commission's decision could be appealed to the City Council. Exhaustion of all City appeal opportunities is required before a Coastal Permit could be appealed to the California Coastal Commission unless a procedural error has been made by the City. Finally, within seven days of the City's final decision, the City must provide a written notice to the Coastal Commission and any interested party who has specifically requested notification of such final act ion . If the City approved the Coastal Permit and all CITY COUNCIL MINUTES MARCH 21, 19 9 5 PAGE 6 City appeal opportunities had been exhausted, any interested party could appeal the Coastal Permit to the California Coastal Commission. If no appeal was filed within ten working days, the City's decision would be final and the demolition permit could be granted by the City. Councilwoman Brooks moved, seconded by Councilwoman Lyon to receive and file the report. Motion carried. APPOINTMENT TO VECTOR CONTROL BOARD (306 x 801) City Manager Bussey presented March 21 memorandum and the recommendation to appoint a member of the City Council to the Los Angeles West Vector Control District. Councilwoman Lyon moved, seconded by Councilwoman Brooks, to appoint Councilwoman Brooks to serve on this board. Councilman McTaggart then stated that he would like to serve on this board also. Councilwoman Lyon's motion died on a two - two tie vote with Councilmembers McTaggart and Byrd voting in opposition. A brief discussion then ensued relative to whether a delegate and alternate could be appointed to the board. The matter was tabled to another meeting and in the meantime staff was directed to inquired about the delegate /alternate arrangement. AUDIENCE COMMENT: Responding to the Mayor's call for comments on items not on the agenda was Bobbie Pine, Vice President of the Mesa Palos Verdes Homeowners Association who stated that organization's suggestion that the Council adopt an ordinance requiring the registration and licensing of horses; another ordinance governing the boarding of horses could be adopted at a later time. Lois Larue expressed her concern about what she felt were flooding condition in McCarrell Canyon its effect on the surrounding neighborhood. ADJOURNMENT: At 9:12 P.M. the meeting adjourned on motion of Councilwoman Brooks. ATTEST: Ni CITY CLERK MAYOR CITY COUNCIL MINUTES MARCH 21, 19 9 5 PAGE 7